CASE OF MAMMADLI AGAINST AZERBAIJAN AND 4 OTHER CASES

2026-06-11T00:00:00
Interim Resolution CM/ResDH(2026)135 Execution of the judgments of the European Court of Human Rights Mammadli group of cases against Azerbaijan   (Adopted by the Committee of Ministers on 11 June 2026 at the 1563rd meeting of the Ministers' Deputies)     Application Case Judgment of Final on 47145/14 MAMMADLI 19/04/2018 19/07/2018 68762/14+ ALIYEV 20/09/2018 04/02/2019 63571/16 IBRAHIMOV AND MAMMADOV 13/02/2020 13/06/2020 30778/15 KHADIJA ISMAYILOVA (No. 2) 27/02/2020 27/06/2020 68817/14 YUNUSOVA AND YUNUSOV (No. 2) 16/07/2020 10/10/2020   The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);   Recalling that, in respect of each applicant in this group of cases, the Court found a violation of Article 18 taken in conjunction with Article 5 of the Convention, revealing “a troubling pattern of arbitrary arrest and detention of government critics, civil society activists and human-rights defenders through retaliatory prosecutions and misuse of criminal law in defiance of the rule of law”;   Noting that the cases of the remaining applicants have been pending before the Supreme Court since 2019, with no information provided since October 2022 to give any indication to the Committee as to the cause of the delay or the likely date they will be heard;   Recalling the Committee’s previous decisions and interim resolutions exhorting the authorities to ensure that all the necessary individual measures are taken in respect of each of these applicants without any further delay, and recalling that it decided as well to continue examining this group of cases at each of its human rights (DH) meetings until all the applicants’ convictions are quashed;   Recalling further the Committtee’s most recent interim resolution adopted in September 2025 exhorting the Azerbaijani authorities to intensify without further delay their efforts to remedy the applicants’ situation and to put an end to their silence and inaction and to adopt as a matter of urgency the long awaited individual measures;   UNDERLINED the freely undertaken commitment and obligation of Azerbaijan, under the terms of Article 46, paragraph 1, of the Convention, to abide fully, effectively, and promptly by the final judgments of the European Court of Human Rights in any case to which they are a party:   STRESSED FIRMLY that the respondent State has a legal obligation to quash the remaining applicants’ convictions, to erase them from criminal records and to eliminate all other negative consequences of the criminal charges brought against them, in particular by ensuring full restoration of their civil and political rights;   EXPRESSED ITS GRAVEST CONCERN that no decison has been taken by the Supreme Court with regard to the cases of the remaining applicants in the present group and that their criminal convictions still stand;   NOTED the urgency of adopting the outstanding individual measures and URGED the authorities to engage in constructive and result-oriented dialogue at the earliest opportunity.